The Office of the Director of Public Prosecutions (ODPP) has secured a life sentence against Clement Ikalia Shitukha following his conviction for defiling a nine-year-old girl in December 2023.

The prosecution, led by Stella Adeny, relied primarily on the survivor’s consistent and credible testimony to prove the case beyond a reasonable doubt.

In his judgment, Resident Magistrate Stive Wasonga invoked Section 124 of the Evidence Act, which permits a conviction in sexual offence cases based solely on the victim’s testimony where the court finds it truthful and reliable.

The magistrate ruled that the complainant’s account was credible and sufficient to sustain a conviction.

The prosecution also explained the absence of another child who had allegedly witnessed the incident, telling the court the witness became unavailable after the families initially sought to resolve the matter through the local chief before reporting it to the police.

The court accepted the explanation, holding that the delay and the absence of the second child witness did not weaken the prosecution’s compelling case.

In his defense, Shitukha gave an unsworn statement. He pleaded for leniency, claiming that he was elderly and diabetic, but failed to provide any medical records or documentation to support his claims.

The court noted that because the accused chose to give an unsworn statement, he was not subjected to cross-examination, which significantly diminished the weight of his defense.

Upon reviewing the evidence, the Magistrate ruled that the prosecution had proved all essential elements of the charge, specifically the victim’s age, the identity of the accused, and the act of penetration.